Critical legal studies

Critical legal studies and critical legal theory is called in the philosophy of law and sociology of law, a motion which applies similar approaches on the right with the methods of critical theory of the Frankfurt School. CLS and Crit are abbreviations that are used informally to refer to the movement and its supporters.

History

Although the informal origins of Critical legal studies probably until the 1960s can be traced, the movement emerged in 1977 at a conference at the University of Wisconsin- Madison. Many representatives of the movement occurred in the late 1960s and 1970s in the American law schools and applied there to the ideas of Karl Marx, Herbert Marcuse, Theodor Adorno and others to the study of law. The critical -legal -studies movement flourished in the U.S. in the 1980s. Her influence as an independent, self- identifying as such movement went since the early 1990s back.

Ideas

Although the Critical legal studies, like most schools of thought, are not monolithic, can be distinguish some characteristic of their followers ideas. These include:

  • The idea that the written law is not necessary to the outcome of litigation determined, which gives rise to the so-called Indeterminacy debate in legal theory is or was;
  • The idea that legal rules and institutions are linked to the maintenance of power and wealth and therefore disadvantage the poor and oppressed, particularly the working class, women, gays and non- white people.
  • The idea that the structure of the legal rules reflect fundamental differences between selfish interests and altruism.

Criticism

Many conservative and liberal legal scholars are of critical -legal -studies movement was very critical. Conservative critics argue to the effect that the radical character of the movement with the goals of legal education is incompatible. Left critics see this as a problem in an increasing dilution of the originally quite radical elements containing motion.

Influence

Many associated with the Critical legal studies ideas continue to influence the law in the United States. Related schools of thought, such as the feminist legal theory and critical race theory, continue to play a significant role in the jurisprudence.

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